Electric bikes have become increasingly common on Colorado streets, trails, and bike paths. Although they might look similar to traditional bikes, some e-bikes can reach significantly higher speeds. A Class 3 e-bike, for example, can provide pedal assistance at speeds of up to 28 mph.
When a Class 3 e-bike collides with a pedestrian, determining liability requires more than simply asking who had the right of way. Where the e-bike was being ridden, how fast the rider was traveling, whether local rules permitted the bike there, and the conduct of both the rider and pedestrian can all become important.
What Are Colorado’s Three E-Bike Classes?
Colorado divides electrical assisted bikes into three classifications based primarily on how the motor operates and the speed at which assistance stops.
- Class 1: The motor assists only while the rider pedals and stops providing assistance at 20 mph.
- Class 2: The motor can propel the bike without pedaling but stops providing assistance at 20 mph.
- Class 3: The motor assists only while the rider pedals and stops providing assistance at 28 mph. Class 3 e-bikes must also have a speedometer.
These distinctions matter because Colorado places additional restrictions on Class 3 e-bikes due to their higher assisted speed.
Where Can You Ride a Class 3 E-Bike?
Colorado generally permits Class 1 and Class 2 e-bikes on bicycle and pedestrian paths where conventional bicycles are allowed, although local governments can impose restrictions.
Class 3 e-bikes are treated differently. They generally can’t be ridden on a bicycle or pedestrian path unless the path is within a street or highway, or the local jurisdiction specifically permits Class 3 e-bikes there.
Local rules therefore matter. An e-bike that can legally be operated on one Colorado path may be prohibited on another.
Who Is Liable If an E-Bike Rider Hits a Pedestrian?
Liability generally depends on negligence. Colorado law typically gives people riding bikes and electrical assisted bicycles many of the same rights and duties applicable to drivers of other vehicles, subject to bike-specific rules and provisions.
An e-bike rider could potentially be responsible if, for example, the rider was traveling too fast for the conditions, failed to maintain control ignored traffic controls, or operated a Class 3 e-bike somewhere that it was prohibited.
However, liability isn’t automatic merely because an e-bike struck a pedestrian. The circumstances leading to the collision needs to be investigated.
Can the Pedestrian Be Partially at Fault?
Yes. Not every e-bike-versus-pedestrian accident is entirely the rider’s fault.
A pedestrian’s conduct may become relevant if, for example, the pedestrian suddenly entered a travel lane without adequate opportunity for the rider to react or otherwise failed to exercise reasonable care.
Colorado uses a modified comparative negligence system. If an injured pedestrian shares responsibility for an accident, that person’s compensation may be reduced according to their percentage of fault. If the pedestrian’s negligence reaches the level that bars recovery under Colorado’s comparative negligence law, they may be unable to recover damages.
That makes evidence about exactly how the collision occurred especially important.
What Evidence Can Help Establish Fault?
E-bike crashes can happen quickly, and the parties may give very different accounts afterward. Useful evidence can include things like:
- Photographs or video of the accident scene
- Surveillance, traffic-camera, or action-camera footage
- Witness statements
- Police or incident reports
- Damage to the e-bike and other property
- Medical records documenting the pedestrian’s injuries
- Evidence regarding the applicable trail, path, or local e-bike rules
- Available electronic or app-based information relevant to speed or the trip
Preserving evidence promptly can be particularly important when the collision occurred in an area where surveillance footage may later be overwritten.
Why Legal Guidance Matters
Class 3 e-bike accidents can raise unusual questions involving state traffic law, local ordinances, path restrictions, comparative negligence, and even whether the bicycle legally qualified as an e-bike in the first place.
Working with Arckey & Steele can help injured pedestrians investigate where and how the collision occurred, determine which rules applied, preserve evidence, and identify the parties who may be legally responsible.
